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I need to know if i should file a Miller Act Claim

South CarolinaPayment Bond
Anonymous General Contractor

Steel Standing was hired as a sub contractor to provide the labor for a job on Fort Jackson. I was hired as the second tier sub, not directly with the Prime contractor. Your Roofers, LLC who was contracted with the Prime Contractor turned in certified payroll to the prime contrator. However they never did pay the guys, my company paid the guys. Now i am told the prime contractor will not pay the contractor i am contracted with due to not fullfulling their contract. When i ask Your Roofers, LLC about submitted fake documents they indicated they are going to pay all the tax liability on the guys on the cerified payroll. However, bottom line, Steel Standing, LLC paid more than $ 120,000 for labor on this job and now can not get paid. There is no profit in that number either.

2 replies

Anonymous General Contractor
Question Author
Mar 19, 2020
Thank you. FYI - we just left the job on Monday and were informed of the problem by Your Roofers, LLC.
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Principal Attorney at Katz Law
| 30 reviews
May 11, 2020
It sounds like you most certainly should file a federal Miller Act bond action against the GC, but first you MUST supply the GC with timely written notice of your intent to file suit against the bond ASAP - there is a 90 day deadline from your last day of work to issue this notice to the GC via certified mail or by hand-delivery. You will need to provide, with substantial accuracy, a description of the labor or materials furnished, the name of the person or entity to whom they were furnished, and the amount remaining due and owing. Once the notice is properly and timely issued, you will have 1 year from your last day of work to file suit against the bond - but if no notice is provided, you will be barred from filing the lawsuit! My law firm can assist with preparing Miller Act notices, and in many cases file payment bond lawsuits in numerous federal courts throughout the country. I can be reached for questions or further information through my Levelset profile. Good luck!
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